BluefoxToday blog : Questions That Must Be Asked ............ Declarations Section VII Of The Loan Application #7

Questions That Must Be Asked ............ Declarations Section VII Of The Loan Application #7

Thursday I began this series "Questions That Must Be Asked ............ Declarations Section VII Of Loan The Application" which is a follow up to a blog I did on Tuesday about the need for Buyers to be Pre-Approved for a loan "Mortgage/Loan Programs with Low or No Downpayment Still Available In Connecticut ..... Pre-Appoval Letter", and the process that should be followed. In Pre-Approving a Buyer it is EXTREMELY IMPORTANT that the Loan Officer not just look at Credit and Income, or even collect documentation to verify the information that they were given, they have to complete a full Loan Application (1003). Without completing a FULL APPLICATION, mistakes are very likely to happen, because each page of the 1003 has questions if not answered can create surprises and huge problems later on.

As I stated Thursday one of the pages of the Loan Application (1003) that unfortunately does not get the full attention that it deserves, and taken for granted by many Loan Officers, is the Declarations Section VII of Page #4. Each question on the Declarations Section VII Of Loan Application only requires a YES or NO answer, and maybe that is why it does not seem to be given the same level of attention as other parts of the Loan Application.

Since Thursday I have covered the first 11 question on Declarations Section VII Of Loan Application, and today I will cover the next 2 questions, and continue to explain why these Questions Must Be Asked On The Declarations Section VII Of Loan Application and there importance. The twelfth question on Declarations Section VII Of Loan Application states:

l.  Do you intend to occupy the property as your primary residence?

This question like many of the others before it seem to be simple and straight forward, and it is if answer truthfully.  The problem here is that many Borrowers who do not intend to live in the property and use it as an investment property, will not answer this question truthfully.  The main reason for them to not answer it truthfully is that downpayment/Loan To Value requirements, and points that are automatically assigned on investment property by Fannie Mae and Freddie Mac, are much higher and stricter than they are on Owner Occupied Properties.  For example if a Borrower puts less than 20% down on a Non Owner Occupied Property they will be assessed 3.750 points, if they put more that 20% but less than 25% down 3.000 points, and 25% or more down 1.750 points.  Also if a Borrower is purchasing a Non Owner Occupied Property they will most likely need to put down a minimum of 20%, because  PMI Companies will not issue PMI on the property.

Therefore a Borrower looking to purchase a Non Owner Occupied Property will in many cases try to avoid having to come up with this much money by saying that they are going to live in the property.  Because this has become more and more of a problem, Lenders have establish some automatic red flags, below are a couple of examples of those red flags.

  • The Borrower has a single family house and states that he/she is going to rent out the single family and live in the multi-family house that they are purchasing.  Not going to fly, they are not going to believe that someone would move out of a single family house, to share a house with renters, even if it is the truth.
  • Borrower presently lives and works in a different State, and states that they are going to commute back and forth each day.  Here in Connecticut (it might differ in other states) if the commute is more than an hour between states, Underwriting will question it, and it will most likely not fly.  Even if the Borrowers claims that they will live near where they work during the week, but commute to the property on weekends to be with the family.  That will also most likely not fly.

I have run into this several times especially with Borrowers who presently work and live in New York. Housing in a couple of towns in the middle of Connecticut is much cheaper than it is near New York City, or in parts of Connecticut near New York.  This is very attractive to New York Investors, and the above example seem to be a reoccurring theme.

The final question on Declarations Section VII Of Loan Application is:

  • m.  have you had ownership interest in a property in the last three years?

This question show always be answered truthfully because if a Borrower has owned a house in the last three years it will show up on their Credit Report.  Where it does get confusing is in the case of a foreclosure as I talked about in the third blog of this series "Questions That Must Be Asked ............ Declarations Section VII Of Loan Application #3".  I am not going to repeat what I wrote in post #3 here, so if you want to review those problems please just follow the link.

This question is also very important for Borrowers that are applying for First Time Homeowner Programs, which require that the Borrower has not had an ownership interest in a property for three years.

I hope that this series "Questions That Must Be Asked ............ Declarations Section VII Of Loan The Application"  has made all those who have taken the time to read it, more aware of issues that can come up during that loan process is the Borrower does not provide truthful and accurate information throughout the Loan Application Process.

 

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Info about the author:

George Souto is a Loan Officer who can assist you with all your FHA, CHFA, and Conventional mortgage needs in Connecticut. George resides in Middlesex County which includes Middletown, Middlefield, Durham, Cromwell, Portland, Higganum, Haddam, East Haddam, Chester, Deep River, and Essex. George can be contacted at (860) 573-1308 or gsouto@mccuemortgage.com

13 commentsGeorge Souto • September 02 2009 03:30PM

Comments

George, have you found many answering untruthfully regarding the "do you have ownership interest" question?  The reason asked, is because we have investors that own houses we rent out.... and in checking the records, we see that some have taken the home owners exemptions on these houses to get cheaper taxes! 

Posted by Diane Rice, Rice Prprty Mgmnt & Rlty, LLC, South Holland, IL over 2 years ago

Again -- a great idea and good examples...

Posted by Joan Whitebook Southern New Hampshire (BHG The Masiello Group) over 2 years ago

George,  A plethora of information, great stuff as usual, I expect nothing less from the best.

Posted by Debbie Aldrich Salt Lake City Realtor Salt Lake County, Cottonwood Heights (The Watts Group Real Estate ) over 2 years ago

You've done a great job in breaking down the loan application George.

Posted by Jen Bowman - Atlanta GA Realtor - Cobb County - Smyrna, Vinings, Marietta (Keller Williams Realty Cityside) over 2 years ago

George, this series is just awesome. I will be re-reading this whole thing from time to time. Thank you!

Posted by Andrea Swiedler - Swiedler & Adams - New Milford, Litchfield CT Real Estate (Prudential Connecticut Realty, Litchfield County Real Estate) over 2 years ago

We are reading along, wishing one of our Canadian loan officers would take the time to do this up here George!

Posted by Al & Peggy Cunningham Brokers Brampton Ontario 905-450-5500 Houses For Sale (We have a home for you! Call Us! RE/MAX Realty Services Inc.) over 2 years ago

George - You've given us all an education in the loan application process with this great series.

Posted by Donna Bigda REALTORĀ® Branford Connecticut Homes & Condos ( RE/MAX Alliance) over 2 years ago

I bet the primary resident question is probably the one that you get the least truthful answers on:)

Posted by Bill Gassett Metrowest Massachusetts Real Estate (RE/MAX Executive Realty) over 2 years ago

Diane, they usually answer that one truthfully.  The only time I seem to run into a problem with that question is when they are involved in a foreclosure, and seem to think that they lost ownership of the house when they were evicted.  However, they are still considered the property owners until the foreclosure is completed or the house sold.  So they really are not being untruthful, just a little confused.

Joan, thank you.

Debbie, "plethora of information" I like that and will have to remember it ";plethora" :)

Jen, there is more to a loan application than first meets the eye.

Andrea, it should come in real handy when you are having a hard time falling asleep.  Better than counting sheep ....... LOL

Al and Peggy, I am sure that there are plenty of good Loan Officers up there and that you will find one of them.

Donna, it does open up a few eyes.  These days every part of the Loan Application is important.

Bill you would be correct on that.  Investors try to get around those Fannie Mae and Freddie Mac Points all the time, and you should here some of the stories :) :)

Posted by George Souto NMLS# 65149 FHA, CHFA, VA Mortgages Connecticut over 2 years ago

George,

The primary residence question has been sidestepped by borrowers many a time and more attempts are made all the time. Lender scrutiny on this is much keener nowadays.

Posted by Esko Kiuru over 2 years ago

Esko and they seem to get more and more creative with ways to try to get around it.

Posted by George Souto NMLS# 65149 FHA, CHFA, VA Mortgages Connecticut over 2 years ago

With all of the public information that is available, buyers PLEASE be truthful on your applications.  Not only will it be discovered if you are not BUT it can make a good working relationship have problems between you as a buyer and your loan officer or your real estate agent. 

Looking for a mortgage in Connecticut or have questions about mortgages in Connecticut?  George Souto has answers!

Posted by Judi Barrett~Integrity Real Estate Services~Idabel, Oklahoma about 2 years ago

Judi, you are absolutely right, there is nothing to be gained by not telling the truth, and thank you for the plug :) :) :)

Posted by George Souto NMLS# 65149 FHA, CHFA, VA Mortgages Connecticut about 2 years ago

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